French v. City of Lowell
Massachusetts Supreme Judicial Court
Petition under the St. of 1869, c. Ill, for a jury to assess damages for the taking of land by the respondent for the construction of a common sewer in Lowell.
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Petition under the St. of 1869, c. Ill, for a jury to assess damages for the taking of land by the respondent for the construction of a common sewer in Lowell. At the trial before a sheriff’s jury, there was evidence tending to show the following facts: The respondent took, for the purpose aforesaid, under a resolution of the city council, a strip of the petitioner’s "land twenty feet wide, containing a little over three thousand square feet, situated between Railroad Street and the land of the Boston & Lowell Railroad Corporation. An old watercourse which had existed, in use for drainage and…
1Opinion of the CourtDevens, J.
The benefit which the petitioner was adjudged to have received by the construction of a common sewer by the city of Lowell, was in the advantage it gave him for draining his cellar or land. Gen. Sts. c. 48, § 4. Downer v. Boston, 7 Cush. 277, 281. It was a benefit similar to that enjoyed by all pro *365prietors whose lands were or might be drained thereby,- and the proportionate share which he paid towards the expense was a share proportioned to the value and extent of his land and the increased facility afforded to it for drainage. The adjudication was only that his estate was included in the…
2Cited by3 opinions
- Snow v. City of FitchburgMassachusetts Supreme Judicial Court · 1883
- Gallatin Valley Electric Ry. v. NeibleMontana Supreme Court · 1919
- Brown v. Mayor of FitchburgMassachusetts Supreme Judicial Court · 1880